A Toronto man who used the defence that he was so intoxicated he was unaware of his actions has been found guilty of sexual assault.
Cameron McCaw acknowledged in a court document that he had sex with the girlfriend of his former roommate after consuming alcohol, marijuana and a “date-rape drug” in July 2015.
The judge said Friday he didn’t believe McCaw took the drug and found inconsistencies in his testimony.
The judge also said the victim was in no condition to consent, as she was intoxicated as well, and there was no evidence McCaw was in a state of automatism and didn’t know what he was doing.
Earlier this year, Superior Court Justice Nancy Spies ruled that people accused of sexual assault in Ontario are once again allowed to use excessive intoxication as a defence against criminal charges.
She found that a federal law preventing such an argument was unconstitutional.
The ruling related to a Supreme Court of Canada decision from the early 1990s that prompted Ottawa to introduce a law to limit its perceived impact.
Proponents of the law — section 33.1 of the Criminal Code — said it was essential to protect women and children from violence perpetrated by those under the influence.
The accused’s lawyer, Eric Neubauer, filed an application seeking affirmation that Section 33.1 was not in effect in Ontario on the grounds that it violated the Charter of Rights and Freedoms.
McCaw was released Friday on a promise to appear on Jan. 7 to set a date for sentencing.
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–With a file from Marianne Dimain and the Canadian Press
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